Benjamin Edelman 

Third-Party Complainant 

) 

) 

) Docket DOT-OST-2014-0230 

v. ) 

) 

Srilankan Airlines Limited ) 

______________________________ ) 

ANSWER OF SRILANKAN AIRLINES LIMITED 

TO THIRD-PARTY COMPLAINT 

Communications with respect to this document should be addressed to: 

January 16, 2015 

DAVID HEFFERNAN 

COZEN O'CONNOR 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Telephone (202) 463-2537 

E-mail: dheffernan@cozen .com 

Counsel for 

SRI LANKAN AIRLINES L TO. 
Benjamin Edelman 

Third-Party Complainant 

) ) 

) Docket DOT-OST-2014-0230 

v. ) 

) 

Srilankan Airlines Limited ) 

____________________________ ) 

DATED: January 16, 2015 

ANSWER OF SRILANKAN AIRLINES LIMITED 

TO THIRD-PARTY COMPLAINT 

Pursuant to 14 C.F.R. §§ 302.405(a) and 302.408(b),1 Srilankan Airlines 

Ltd. ("Srilankan") submits this answer and affirmative defenses to the abovecaptioned third-party complaint (the "Complaint") filed by Mr. Benjamin Edelman 

(the "Complainant") on December 23, 2014. For the reasons set forth herein, 

Srilankan respectfully requests that the Department dismiss the Complaint 

without initiating an investigation or enforcement proceeding pursuant to 14 

C.F.R. § 302.406(a)(2). 

1 Via ema1l dated January 5, 2015 from Mr. Charles E. Smith, Senior Trial Attorney, U.S. 

Department of Transportation, to the undersigned (a copy of which is included in Docket DOTOST-2014-0230), the Department granted Srilankan's unopposed motion for an extension of the 

date for filing this answer until January 16, 2015. 
2. Srilankan is without knowledge sufficient to respond to Paragraph 2 of 

the Complaint. 

3. Srilankan is without knowledge sufficient to respond to Paragraph 3 of 

the Complaint. 

4. Srilankan is without knowledge sufficient to respond to Paragraph 4 of 

the Complaint. 

5. Srilankan denies Paragraph 5 of the Complaint. 

6. Paragraph 6 of the Complaint is a conclusion of law to which no 

admission or denial can be made. 

7. Srilankan is without knowledge sufficient to respond to Paragraph 7 of 

the Complaint. 

8. Srilankan is without knowledge sufficient to respond to Paragraph 8 of 

the Complaint. 

9. Paragraph 9 of the Complaint is not an allegation. 

Certain allegations set forth in the Complaint are conclusions of law, not 

allegations of fact, and Srilankan is without knowledge to respond to conclusions 

of law. To the extent the Complaint contains any factual statement or allegation 

that is not specifically admitted or denied herein, it should be deemed to have 

been denied by Srilankan, as provided for in 14 C.F.R. § 302.408(b). 
United States. Based at Bandaranaike International Airport in Katunayake, Sri 

Lanka, Srilankan operates a fleet of 24 aircraft, serving points in Asia, Europe 

and the Middle East. 

Srilankan has held exemption authority issued by the Department since 

November 1, 2004, with such authority limited to service operated pursuant to 

codeshare arrangements with other air carriers. Since first receiving its 

economic authority from the Department, Srilankan has never been the subject 

of any enforcement proceeding or complaint filed with the Department. 

Srilankan takes seriously its obligation to comply with the Department's 

regulations. 

Srilankan is using the Internet booking engine services of Amadeus in its 

website. The basis for the Complaint is the Complainant's alleged viewing2 on 

December 22, 2014 of display pages on Srilankan's website for a New York 

(JFK) to Colombo, Sri Lanka, itinerary. Attachment 1 to the Complaint is a copy 

of a screenshot that purports to show that the website's reservations system generated a total price for an itinerary, while also displaying separate subtotals 

for "flights" and "taxes." Attachment 2 to the Complaint is a copy of a separate 

screenshot that purports to show an itemized list of the individual "taxes, fees 

and charges," the total amount of which was previously disclosed on the 

2 The Complainant does not appear to have purchased a ticket using Sri Lankan's website. 
carrier-imposed "surcharge (YQAP)." 

Upon receiving the Complaint, SriLankan reviewed its website and 

decided to take immediate action to revise the fare displays to provide additional 

clarification, particularly with respect to the surcharge item. SriLankan promptly 

notified Amadeus about this issue and requested that Amadeus immediately take 

any actions necessary to make the specific changes requested by Srilankan. 

Accordingly, effective January 15, 2015, the references on Srilankan's website 

to "surcharge" have been revised to refer to "carrier imposed fees/surcharges." 

The fare displays on Srilankan's website for all fares marketed to U.S. 

consumers continue to disclose the total price to be paid by the passenger (as 

required by the Department's regulations), as well as separate subtotals listing 

the fare amount and all applicable "taxes and carrier imposed fees/surcharges." 

In addition, a separate link allows consumers to access an itemized listing of 

taxes and surcharges that clearly states the individual amount of a "carrier 

imposed surcharge" and the individual amount of each government-imposed tax 

and fee (see attached screenshots from the Srilankan website). Srilankan's online reservations system and fare displays comply with 14 C.F.R. § 399.84 and 

the Department's Additional Guidance on Airfare/Air Tour Price Advertisements 

issued on February 21, 2012. 
"surcharges," SriLankan has eliminated any such ambiguity. Any ambiguity that 

may have arisen was inadvertent, unintentional, and in no way intended to 

mischaracterize any element of the price to be paid by the consumer or to 

mislead consumers. As soon as Sri Lankan was made aware of this issue, it took 

immediate action to revise the fare displays on its website. 

As demonstrated in this answer and the attachment hereto, the issue 

raised in the Complaint has been fully addressed. SriLankan has demonstrated 

its good faith by acting as expeditiously as possible to clarify the relevant fare 

displays in order to enhance consumer disclosure. Therefore, SriLankan 

respectfully submits that there is no need for the Department to initiate an 

investigation or enforcement proceeding in this matter.3 

3 The Complaint's demand that the Department order Srilankan to refund to consumers 

monies represented to ticket purchasers as 'tax' or government-imposed fees" is not supported by the remedies available under Section 41712 or by the Department's precedent and any 

event is not warranted in this case. To the extent the Complajnt proposes such a refund as a 

form of private damages, such damages are not authorized under Section 41712. See, e.g., 

Stat/and v. American Airli'nes, Inc., 998 F.2d 539, 541 (ira Cir. 1993}. Furthermore, the Complaint 

urges the Department to this matter to appropriate US and foreign tax collection agencies 

for investlgation of possible tax fraud or other vlolations of tax law." There is no evidence to 

support the unspecified tax violations alleged in the Complaint that would justify such a referral, 

nor is Srilankan aware of any precedent for such an unwarranted referral. 
3. Complainant has not suffered any harm. 

4. Complainant lacks standing. 

5. The Complaint is moot. 

* * * 

WHEREFORE, SriLankan has demonstrated its commitment to 

complying with the Department's fare advertising regulations and to advertising 

its fares in a transparent manner to consumers. SriLankan respectfully requests 

that the Department dismiss the above-captioned third-party complaint in its 

entirety. 

Dated: January 16, 2015 

Respectfully submitted, 

DAVID HEFFERNAN 

COZEN O'CONNOR 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Telephone (202) 463-2537 

E-mail: dheffernan@cozen.com 

Counsel for 

SRILANKAN AIRLINES LTD. 
JJn~ary 18 

fn)m 

-1713.80 

Colombo- New York 

0 

• January 18 

from from 

51.334.20 1 St,699.20 

"' Low est price, S = U.S. Dollar 

I 

Jar.101ry 11 

frum 

1713.80 

0 0 

January 23 Janu.ry 24 

from from 

$842..20 $842..20 

Selected dates 

Depart Thyrsday, January 15 

Return: Wednesday. January 21 

s 1 ,804.00 (Per pauenJif ~ taJces _, canier 

.,.._, feeslsurtNrgti} 
BIZ FLEX Business class- Semi Aexible Fares more eta~ I '-

Select your outbound and retum flights and prices below . It is possible that some ftlght 

or price options may not be combined. Prices are per passenger and f'ld ude taxes and 

carrier iq)osed fees/surcharges . 

Outbound: New Yo rk-Colombo 

Thu, January 15 

12:40 NewYork-John F 

Kennedy International 

(,{fK) 

20:55 Colombo- Bandaranaite In ernational

~ 

+1 day(s) [!j 

12:40 New York- John F 

Kennedy k\ternational 

UE!9 

04:55 Colombo - Bandaranaike In ernationa

~ 

+2 day(s) :!: 

,.A' Sri.ankan 

Alrlines(UL2602) 1 

SrU!nkan Airfines(Ul..2:2&t) 1 

'~IIJERIIII A/rRfl 

21:45 1 stop(s) I! 

tlq!ll (letais 

~ Srilankan 

Airtines(UI.2602) 1 

Srilankan Airines(U1.2Q8) 

ltlpi!rlltO IIJ Bl'lllll,..,... 

29:45 1 stop(s) m 

f!jgfJt detels 

Return: Colombo - New York 

21:55 Colombo- Bandaranaike 

~temational

~ 

08:25 New York- Jol'ln F 

.JI( Sril.ankan 

Airtines(UI.2265) 1 

Sril..ankan Air11nesCUI.2603l 1 

sort ruu1ts by· 
17:10 New York

John F 

Kennedy International 

uoo 

+1 day(s) m 

18:45 Colombo- Bandaranaike 

International (Q@), 

17:10 New York- John F 

Kennedy International 

(JFK) 

+1 day(s) rn 

Colombo - Bandaranaike 

International

~ 

New York - John F 

Kennedy International 

Uf!S) 

+1 day(s) f!: 

Sri.ankan Airlines(UL..2601) 1 

'Oprl..:l fiJ EhciNtYa/5 

29:45 1 stop(s) m 

l1ghl d:tajla 

..Ill' Sri..ankan 

Airlines(ULZ07) 

Srilankan Airfines(UL..2601 )1 

'OfllllZIDJ malAIIRfi 

32.55 1 stop{s) m 

O!Ctlt details 

..Ill' Sril..ankan 

Air1ines(Ul2267) 1 

Snl.ankan Airlines(UL..2603}1 

IIJf!Na~ 

38.20 1 stop(s) m 

fiQht ®le ~ 1 Legend: "'j: e-ticket option, U c Limited -;eats left, S c U.S. Dolar Selected round trip price Depart Thursday, January 15, 2015 Return: Wednesday, January 21, 2015 (Per .pUHilgtf ~taxes and CMrier imposed feHJs~} -- --

- ----- -------------

st.artover 
1 adlilt{s) x (1,366.00 + 440.72) "' 1,805.72 USD 

oyn;:bue coru:Wons 

tare bas§ i2fo!!Miio.n ~ C!!!!'!wtt! t:hpll!vr.! ~ 

fare notes 

total for all travellers 1,806.72 USD 

ECO FLEX: Economy class - Semi Flexible Fares ll!!!!e details 

flight notes 

1. To ensure that you get this fare. the reservation should be made now. 

2. Srilankan Ar fines wl accept payments ONLY in LKR, GBP, EUR, SGO, USD, JPY, or CHF. For transactions other than 

these currency types. both native as wen as equivalent USD amounts will be shown. 

I 

3. If both native and equivalent USO amounts are lfiSplayed in a transaction, then such transactjons waJ be charged in USO. 

4. Taxes and carrier imposed fees/surcharges are inctlded. 

start over ( traveller details J 
Adult traveller(s) 

earner imposed surcharge(YQAC) 

US CUSTOMS USER FEE 

US INTl TRANSPORTATION TAX (DEPARTURE) 

US JNTL TRANSPORTATION TAX (ARIWAL) 

US ANIMAL AND PlANT HEALTH INSPECTION SBMCE 

US IMMIGRATION AND NATl.IRIZATIOt& USER FEE (INS) 

USA CIVH.. AVIATION SECURITY SEFMCE FEE (VIRGIN ISLNlOS) 

Tax description unavailable (ZRAP) 

SRI LANKA EMBARKATION TAX COLOMBO 

35000 USD 

5,50 USD 

17.70USO 

17.70 USD 

s.oouso 

7.00 USD 

560USO 

2.72 uso 

25.00USD 

Tax description unavanable (XF) 4.50 USD 

Total government taxes & fees and carrier imposed fees & surcharges 440.72 USO 

440.72 USD 

x 1 adult(s) = 440.72 USD 

Total government taxes & fees and carrier imposed fees & surcharges= 440.72 USD 
total for all travellers 1,806.72 USD 

Adutt traveller{s) 

Carrier imposed surcharge(YQAC) 

US CUSTOMS USER FEE 

US INTl llU.NSPORTATiotl TAX (DEPARTURE) 

US INTL TRANSPORT A liON TAX (ARRIVAL) 

US ANIMAL AND PLANT HEALTH INSPECTION SERVICE 

US IMMIGRATION AND NATURIZATION USER FEE (INS) 

USA CIVIL AVIATION SECURITY SE.RVCE FEE (VRGIN ISLANDS) 

Tax description unavaaable (ZRAP) 

SRI LANKA EMBARKATION TAX COLOMBO 

Tax desctiption unavailable (XF) 

Total government taxes & fees and carrier Imposed fees & surcharges 

x 1 adult(s) = 440.72 USD 

350.00USD 

5.50 USD 

17.70USD 

17.70USD 

5.00 USD 

7.00USD 

5.60 USD 

2 .72USD 

25.00USD 

4.50 USD 

440.72USD 

440.72USD 

Total government taxes & fees and earner in1»osed fees & surcharges = 440 72 USD 

tlewYork to Colombo Thursday, January 15, 2015 

Colombo to New York Wednesday, January 21, 2015 

Alrline(s): Srilankan Airfltles 

Travener{s): Tax Dot Requirement 

Ticket delrvery: E-ticket 

I have a promotion code ~-.1 ______ -JII vaHdllte I 

12:4o - o4:55 +2 day(s) m 

18"45 - 17:10 +1 day(s} [ 
Benjamin Edelman, Esq. 

169 Walnut Street 

Brookline, MA 02445 

ben@benedelman.org 

Blane Workie, Esq. 

Assistant General Counsel for 

Aviation Enforcement & Proceedings 

Office of the General Counsel 

U.S. Department of Transportation 

blane. workie@dot.gov 

Charles E. Smith, Esq. 

Senior Trial Attorney 

Office of the General Counsel 

U.S. Department of Transportation 

charles .smith@dot.gov 

DATED: January 16, 2015 

Kenneth C. Hines